NEW JERSEY BUILDERS ASSOCIATION v. SHEERAN


168 N.J. Super. 237 (1979)

402 A.2d 956

NEW JERSEY BUILDERS ASSOCIATION AND NEW JERSEY REALTORS ASSOCIATION, CORPORATIONS OF THE STATE OF NEW JERSEY ET AL., APPELLANTS, v. JAMES J. SHEERAN, COMMISSIONER OF INSURANCE ET AL., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 18, 1979.


Attorney(s) appearing for the Case

Mr. Jay M. Hollander argued the cause for appellants (Messrs. Hutt, Berkow, Hollander & Jankowski, attorneys; Mr. Hollander on the brief).

Mr. Frank P. Mancino argued the cause for intervenor Association of Real Estate Attorneys (Messrs. Stockman, Mancino, Marinari, Smithson & O'Donnell, attorneys; Mr. Mancino on the brief).

Mr. William J. Begley argued the cause for intervenor The Association of Title Insurance Agents (Messrs. Begley & Begley, attorneys).

Mr. Jasper J. Jackson, Assistant Deputy Public Advocate, argued the cause for the New Jersey Department of the Public Advocate (Mr. Stanley C. Van Ness, Public Advocate, attorney; Mr. Jackson, of counsel and on the brief).

Mr. Kenneth R. Stein argued the cause for intervenor New Jersey State Bar Association (Messrs. Clapp & Eisenberg, attorneys; Mr. Stein on the brief).

Ms. Maureen McGrath, Deputy Attorney General, argued the cause for respondent Commissioner of Insurance (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Ms. McGrath on the brief).

Mr. John R. Weigel argued the cause for respondent New Jersey Land Title Rating Bureau (Mr. John R. Weigel and Mr. Joseph M. Clayton, Jr., attorneys; Mr. Clayton on the brief).

Before Judges ALLCORN, SEIDMAN and BOTTER.


The opinion of the court was delivered by SEIDMAN, J.A.D.

This appeal involves a challenge to a schedule of interim rates and fees for title insurance approved by the Commissioner of Insurance on June 15, 1978. The contentions of appellants New Jersey Builders Association and New Jersey Realtors Association, and of the several intervenors who have joined them in opposition to the schedule, are essentially these: (1) that the Commissioner is without authority to adopt...

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